##PAGE1##

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HON’BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH

AND

THE HON’BLE SRI JUSTICE G.M.MOHIUDDIN

WRIT APPEAL No.1493 of 2025

Dated:29.12.2025

Between:

S.Krishna Murthy

…Appellant

and

The Union of India,

Ministry of Home Affairs, MHA,

Rep. by its Secretary,

North Block, New Delhi – 110001,

and 4 others.

…Respondents

JUDGMENT:

Learned counsel Sri Vadlakonda Ravi Kumar Reddy appears for

the appellant.

Sri N.Bhujanga Rao, learned Deputy Solicitor General of India,

appears for the respondents.

2

2. Heard the learned counsel for the parties.

3. The learned writ court, by order dated 04.07.2025, has dismissed

W.P.No.3150 of 2016 seeking to quash the order of removal of the

appellant, who was the writ petitioner, from service dated 17.11.2011

and the order passed in appeal dated 04.06.2013 as also the revisional

order dated 30.11.2013 passed by the Inspector General of Police,

Srinagar Sector. The removal from service for unauthorised absence for

452 days on the part of the appellant who was serving under the Central

Reserve Police Force (CRPF) of 181 Battalion under respondent No.4

was found to be proved after an ex parte departmental enquiry and

confirmed in appeal and revision.

4. The appellant was proceeded for two articles of charges, which

are as follows:

“ARTICLE-I

No.055141662 Constable/General Duty S.Krishna

Murthy of F/181 Battalion while working as a member of the

Force has disobeyed the orders of his senior and committed

misconduct under Act 11(1) of CRPF Act 1949 and remained

absent w.e.f 20-08-2010 without any lawful authority or

permission from the competent authority.

ARTICLE-II

That No.055141662 Constable/General Duty S.Krishna

Murthy of F/181 Battalion while working as a member of the

3

force under CRPF Act 11(1) of 1949 has committed the offence

of misconduct and not obeyed the orders of the competent

authority, he has not reported for duty in spite of direction issued

to him vide Office Commanding Letter No.L.II-2/2010-F/181

dated 03-09-2010, 18-09-2010, 25-09-2010 & 07-10-2010 but he

did not do so and continue to be absent from his duty without any

permission of the Competent authority.”

5. As per the chronology of dates and events, the appellant, after

completion of 45 days of Earned Leave, allegedly, rejoined the duty on

15.07.2010. On the next day i.e., 16.07.2010 while the convoy of CRPF

Truck was proceeding towards Srinagar, Jammu and Kashmir, it was

allegedly attacked by locals protesting the armed forces deployed in

Jammu and Kashmir by pelting stones in which the appellant also

suffered injuries. He was treated at the Unit Hospital of the 178

Battalion Headquarters for two days and kept under observation.

Thereafter, appellant was sanctioned 30 days Earned Leave on

19.07.2010. However, upon expiry of the sanctioned leave from

20.08.2010, the appellant failed to report back to duty resulting in

overstay of leave of 452 days without permission. In view of his

continued unauthorised absence, the Officer Commanding F/181

Battalion, vide letter dated 20.10.2010, lodged a complaint under

Section 10(M) of the Central Reserve Police Force Act, 1949. Pursuant

thereto, a Warrant of Arrest dated 08.11.2010 was issued and sent to the

Senior Superintendent of Police, District-Mahaboobnagar, Andhra

4

Pradesh. Despite issuance of warrant, the appellant neither reported

back for duty nor could be apprehended by Civil Police. Consequently,

as per the existing instruction, a Court of Inquiry was ordered vide letter

dated 09.12.2010. Based on the findings of the Court of Inquiry, the

appellant was declared as “DESERTER’ from Force with effect from

20.08.2010 vide Office Order dated 04.05.2012. The departmental

enquiry initiated under Section 11(1) of the Central Reserve Police

Force Act, 1949, for the above charges on 13.06.2011 ended up in

removal of the appellant from service by the order dated 17.11.2011.

6. During the course of submissions, learned counsel for the

appellant repeatedly harped that there